Triage External Metrics (TEM ) dashboards - end user agreement

Data accessed via the TEM dashboards is intended to be used to support operational and policy decision-making through the use of linked data.

The data is for approved users who are responsible for operations and improvement of UEC services.

As a result, data should not be shared in any format accessible by people who have not been authorised via the access process to that or on behalf of that organisation.

Further permission must be requested to share data outside of the provider/site/ICB/organisation you are signing up or on behalf of, any breach of this will result in access being withdrawn.

1. Please read these terms carefully before you start using the dashboard. 

NHS Digital’s UEC Data Team shall provide access for the nominated users of the approved recipients.

If the login details are not accurate or the named user is not an authorised user for an approved recipient, then please cease access and contact NHS Digital’s UEC data team using the contact details in section 20 below.

In this End User Access Agreement (EUAA) the term ‘you’ refers to an approved recipient. The approved recipient is responsible for ensuring that its staff (including its agents, contractors and suppliers) comply with this EUAA.

2. These terms should be read and agreed before accessing any of the TEM dashboards. Your access is limited to the agreed purpose as defined above.

3. This is Version 1.1 of the TEM dashboard EUAA, which was most recently updated on 7 November 2022.

The following definitions are used in this End User Access Agreement (EUAA):

Agreed purpose means the sole purpose by which NHS Digital is able to share the Data and the sole purpose which you should use it for, defined in the agreed purpose statement at the head of this document. 

Dashboard means the secure way for you to access and analyse Data and NHS Digital Content, which can be accessed by using the Login Details provided.

Data means the data included in the dashboard. 

End user access agreement or EUAA means this agreement (together with the documents and links referred to in it) setting out the terms and conditions on which you may use the dashboard.

Intellectual property rights means all intellectual property rights including copyright, database rights, trade marks and trade names, patents, topography rights, design rights, trade secrets, know-how and all rights of a similar nature or having similar effect which subsist anywhere in the world, whether or not any of them are registered and applications for registrations of any of them.

Law means any law or subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978, bylaw, enforceable right within the meaning of Section 2 of the European Communities Act 1972, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements with which either party is bound to comply.

Login details means the named user’s username and password to access the dashboard; Login Details and associated information; website and portal designs; commercial data; information; text; standards; images; interactive services; reports; and any other works or materials.

NHS Digital content means the material in the dashboard, which includes: the data, login details and associated information, website and portal designs, commercial data, information, text, standards, images, interactive services, reports, and any other works or materials.

Organisation means the entity authorised by NHS Digital to access the dashboard.

Privacy policy means that dashboard transparency notice identified in the data access conditions for this dashboard and section 5.

Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other materials which are malicious or technologically harmful.

We, our, us, and NHS Digital are references to the Health and Social Care Information Centre, a non-departmental public body established under Section 252 of the Health and Social Care Act 2012.

1. This EUAA (together with the documents and links referred to in it) set out the terms and conditions on which you may use the dashboard.

2. Only users authorised by the organisations may access the dashboard and share content with members within the organisation. 

3. By using the dashboard, you are: (i) confirming you are an authorised user of the organisation; (ii) accepting and consenting to the terms described in this EUAA (such use of the dashboard includes accessing, viewing, interacting with, logging in to, downloading materials or data from or using the dashboard in any other way); and (iii) confirming that you accept this EUAA and that you agree to comply with it.

1. We may make changes at our discretion to the content and features of the dashboard, this EUAA and the terms and conditions applicable to any third party tool, product, or service used to manage, analyse, or model any part of the dashboard, data or NHS Digital content, the privacy policy, and any other policies or links applicable to your use of the dashboard, at any time and for any reason without providing notice of those changes to you. 

2. Every time you wish to use the dashboard, please ensure that you understand and agree to the provisions that apply at the time. The date of the most current version of this EUAA is set out above in paragraph 1.3. 

3. Your access and continued use of the dashboard after an update has been made signifies your acceptance of those changes. Depending on the update, you may not be able to use the dashboard (or any of its functions, or access Data) unless you have accepted any new or additional terms.

When you access the dashboard, we process information about you. We will only use your personal information in accordance with our privacy policy. By using the dashboard you warrant that all data provided by you for verification of identity, access, and security purposes is accurate.

The data rights and responsibilities of NHS Digital are governed by the Freedom of Information Act 2000, the General Data Protection Regulation 2016/679, and the Data Protection Act 2018.

1. Your status as a user of the dashboard is dependent on you remaining authorised by the approved organisation. We may give or remove access at any time at our discretion for any reason. Your organisation must also authorise you to access the dashboard.

2. You recognise that we may on occasion need to recall and resupply data.

3. Our assumption is that your access to the dashboard will be from within England, and we are not responsible or liable for your compliance with any local laws, should you seek to access the dashboard outside of England. We may limit the availability of the dashboard to any person or geographic area at any time at our discretion.

4. You recognise that the dashboard is a service with other users, and that access or capacity may on occasion be limited. You will comply with any guidance as to fair use that may be given by us from time to time. You recognise that we may need to suspend or throttle usage that is in excess of fair usage at our discretion or where we consider it may impact other users.

5. Your use of tools available within the dashboard may require you to agree to additional terms and conditions in relation to that feature before it may be used, and will at all times be subject to: (i) us making that feature available to you; (ii) any controls and/or reasonable use restrictions which we put in place. 

6. You acknowledge that we may audit all users' usage of dashboard at any time.

We aim to make the dashboard accessible (subject to the controls) and comply with standards which should work on the majority of browsers in use. However, we offer no warranty for the dashboard working in any particular browser or configuration. Please note that you may see inconsistencies in the presentation of pages if you are using an older or deprecated version of a browser, or the dashboard may not work at all.

1. In order to use the dashboard and access certain content, systems, or features of the dashboard, your organisation will first need to identify you as an authorised user. You may need to complete an online registration form and create or update login details. These login details will consist of a user identification name and password.  You may be asked to provide additional information as required as part of our security procedures.

2. As a minimum, passwords you use to access the dashboard must have a level of complexity which ensures they cannot be easily guessed by hackers or malicious software, and be in accordance with government best practice.

3. We may ask you to change your login details, or manually enter your login details from time to time as a security measure. We do not recommend using biometric data (such as fingerprints or facial recognition) to store your login details if other people can also access your device using their biometric data.

4. The dashboard may require a smartcard to access the content. It is mandatory that smartcard users sign the terms and conditions of smartcard use, when issued a smartcard. This reminds them of their responsibilities and obligations, including not sharing the card, leaving the card unattended, and not disclosing their passcode to others. In the Care Identity Service (CIS) application, users need to be assigned to an organisation code and position to enable them to log in with their NHS smartcard. Once a user has been assigned a position, the Registration Authority (RA) should ensure that the user accesses the CIS application to electronically accept the terms and conditions of smartcard use if they have not already done so. RA service providers must ensure that NHS smartcard users comply with the terms and conditions of smartcard use. Breach of the terms and conditions and/or organisational procedures relating to NHS Smartcard usage should be linked to the organisation’s disciplinary measures.

5. You agree to provide true, accurate, current and complete information about yourself when registering for and using the dashboard and you agree to keep this information up to date and accurate at all times.

6. Unless directly caused by us, you are responsible for, and agree to hold us harmless from, any unauthorised access or changes made to your login details or account resulting from shared or unauthorised access to your device or other individuals having access to your login details.

7. You must treat your login details as confidential and you must not disclose it to anyone. If you know or suspect that anyone other than you knows your login details or that your access to the dashboard has been compromised, you must promptly: (i) notify the NHSD UEC Data Team by writing to [email protected] (ii)notify the NHS Digital National Service Desk by writing to [email protected] or by calling 0300 303 5035; and (iii) if possible to do so, change your login details. 

8. If you cease to be authorised for access to the dashboard by the approved organisation at any time then you must cease using your login details and accessing the dashboard immediately. You or the approved organisation are required to notify us in writing.

1. You may only use the dashboard for lawful purposes and in accordance with this EUAA, and agree not to access without authority, interfere with, damage or disrupt:
           i. any part of the dashboard or any of the data found therein;
           ii. any equipment or network on which the dashboard is stored;
           iii. any software or services used in the provision of the dashboard; or
           iv. any equipment or network or software owned or used by any third-party.

2. You may not use the dashboard
           (I)  in any way that breaches this EUAA or any applicable local, national, or international law or regulation;
           (II)  unlawfully, fraudulently, maliciously, or in any way that is harmful to NHS Digital or other users, or has any unlawful, fraudulent, malicious, or harmful purpose or effect;
           (III)    to send, knowingly receive, download, use or re-use any material which does not comply with this EUAA;
           (IV)    to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
           (V)    to knowingly send or transmit any data that contains viruses;
           (VI)    with the login details of another user, or permit any unauthorised person to use your login details to use the dashboard;
           (VII)    in any way which would change the dashboard or infringe on any intellectual property rights in relation to using the dashboard;
           (VIII)    in any way which attempts to unencrypt or otherwise intercept any transmission of data to or from the dashboard or any applicable third parties; or
           (IX)    in any way which could disable or compromise the security of the dashboard, or that belonging to any third party, or interferes with the use of the dashboard by other parties.
           (X)    screen share, download, screen print from the dashboard with users who are not permitted to view that data.  

3. If the dashboard requires a smartcard to access, it is mandatory that smartcard users sign the terms and conditions of smartcard use, when issued a smartcard. This reminds them of their responsibilities and obligations, including not sharing the card, leaving the card unattended, and not disclosing their passcode to others. 

1. NHS Digital is the owner or licensee of the intellectual property rights in the data, the NHS Digital content, and any of the tools provided or used in the management, analysis, and modelling of data.

2. Subject to clause 11.5, the organisation is here granted a revocable licence to allow authorised named users only to use the dashboard, and a non-exclusive, non-transferable, suspendable, revocable, and limited right to view and use and copy the Data (including the taking of screen shots of the content for example. for inclusion in reports and the downloading of the data in a format that the dashboard allows) for the agreed purpose only. You may not use the data or share with unauthorised individuals, any copies of the data, or any data derived from the data for any other purposes. 

3. Unless otherwise permitted in writing, you do not have permission to use the NHS Digital name or branding.

4. You shall retain all attribution marks on the data.

5. The organisation’s licence to access the dashboard may be terminated at any time.

You may not upload, or attempt to upload, any content to the dashboard.

1. We are not responsible for the content or reliability of any external websites we may link to from the dashboard and do not endorse the views expressed within them. We aim to replace broken links to websites but cannot guarantee that these links will always work as we have no control over the availability of those websites.

2. Due to the very nature of the internet we cannot guarantee the dashboard or any websites we link to will always be available to you.

1. Nothing in this EUAA shall limit either party's liability to the other for: (i) death or personal injury resulting from the negligence of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited as a matter of Law.

2. Except as set out in clause 14.1, we shall in no circumstances be liable to you for:
           (I)  any loss of profits, revenue, opportunity, contracts, sales, turnover, anticipated savings, goodwill, reputation, business opportunity, production, or to loss or corruption of data (regardless of whether any these losses or damages are direct, indirect or consequential); or
           (II)    any indirect or consequential loss or damage whatsoever (including where such loss or damage is of the type specified in (i))

3. Except as set out in clause 14.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
          (I)    use of, or inability to use, the dashboard;
          (II)    any loss in connection with any error, omission, defect, virus, or system failure; 
          (III)    any loss or damage caused by a Virus which may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the dashboard or in relation to your downloading of any content or data from the dashboard, or on or from any third party website linked to the dashboard; or
          (IV)    the content of third party websites which may be linked on the dashboard.

4. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the dashboard or any data or content on it, whether express or implied.

5. Except as set out in clause 14.1, our total aggregate liability for any and all claims arising under or in connection with your use of the dashboard regardless of form of action and whether in contract, tort (including negligence and breach of statutory duty) or otherwise is limited to £1.

6. You agree to reimburse us for any losses that either incurs as a result of your: (i) breach of, or failure to comply with, this EUAA; or (ii) unauthorised use of the dashboard.

1. We do not guarantee that the dashboard will always be available or that your use of the dashboard will be uninterrupted. Access to the dashboard is permitted on a temporary basis. 

2. We may suspend, withdraw, discontinue or change all or any parts of the dashboard without notice and without compensation to you.

3. We may, at any time, suspend or terminate your login details and/or use of the dashboard (in whole or in part) temporarily or permanently. We may do this: 
          (I)  if we, or a third party which provides some or all of the services related to the dashboard, are making repairs, updates, or conducting maintenance on our tools and systems or those related to the third party companies or services;
          (II)  if we have concerns about the security of the dashboard;
          (III)  if we suspect that your Login Details have been compromised or used fraudulently or in an unauthorised way;
          (IV)  if we suspect that you may be using the dashboard or any data in a fraudulent or unauthorised way or in violation of this EUAA;
          (V)  if there are legal obligations which we have to meet;
          (VI)  if we are prevented from providing the dashboard for any reason beyond our reasonable control;
          (VII)  if you have not accessed or used the dashboard for a period of 12 months or more; or
          (VIII)  for any other reason at our absolute discretion. 

4. We will endeavour to give you advance notice of any suspension or termination but may not be able to do so in all circumstances. We will not provide notice to you if providing that notice would compromise our security measures or is unlawful. 

5. You may request the reactivation of your login details if we suspended or terminated your access, but we are under no obligation to do so. 

6. We will not be liable to you if for any reason any part of the dashboard is unavailable or inaccessible to you at any time or for any period.

7. You can terminate your use of the dashboard at any time by writing to [email protected] and by no longer using your login details. It is your responsibility to remove any saved login details from your device if you wish to terminate your use of the dashboard, or if you change your device or otherwise dispose of it, or if you cease to be authorised by your Organisation.

1. We do not guarantee or warrant that the dashboard will be secure or free from Viruses, that the functions of the dashboard will be uninterrupted or error free, that defects will be corrected, or represent the full functionality, accuracy, or reliability of the materials or data.

2. You are responsible for configuring your accessing device in order to access the dashboard safely. You should use and maintain your own virus protection software.

3. You must not misuse the dashboard by knowingly introducing Viruses. You must not attempt to gain unauthorised access to the dashboard, the server on which the dashboard or related data is stored, or any server, computer or database connected to the dashboard. You must not attack the dashboard via a denial-of-service attack or a distributed denial-of service attack. 

4. In using the dashboard you are giving us, or an agent or representative appointed on our behalf, permission to: (i) carry out an audit at any time and without notice to you in relation to your use of the dashboard; and (ii) share information with your organisation in relation to that audit and its findings.

1. You must: (i) keep the NHS Digital content confidential, and shall not disclose it to any third party save where expressly permitted to do so in accordance with the terms of this EUAA; and (ii) use the NHS Digital content only in so far as is necessary for the agreed purpose, as laid out above. (iii) you may not share or disclose content to any third part or user that does not have permission to access that content.

2. The restrictions on disclosure and use contained in this clause 17 shall not apply to the NHS Digital content to the extent that it:
         (I)  is or was already in the possession of or becomes available to the you in either case free of any obligation of confidentiality;
         (II)    is required to be disclosed by the you by any applicable law, or parliamentary obligation, or governmental or regulatory authority having the force of law;
        (III)    is required to be disclosed to your professional advisers; or
        (IV)    at the time of receipt by you, is in the public domain or after such receipt comes into the public domain other than as a result of breach by you, (including by your staff, contractors, agents and suppliers) of this clause 17.

3. You shall be responsible for any unauthorised disclosure or use of the NHS Digital content made by you and your staff (including by your staff, contractors, agents and suppliers), and shall take all reasonable precautions to prevent such unauthorised disclosure or use.

1. By registering to use the dashboard and receiving Login Details, you are giving us permission to contact you from time to time by using any of the methods which you have authorised during the registration process. You may update your preference at any time by contacting the TEM team at [email protected]. 

2. You are responsible for keeping us updated if your contact details change. We are not responsible if we are not able to contact you, or if your contact details are out of date.

1. If any part of this EUAA becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining provision which will remain in full force and effect.

2. Ceasing to use the dashboard does not affect any provision of this EUAA, which are expressly or by implication intended to continue on in effect.

3. We may transfer our rights and obligations under this EUAA to another organisation at any time and at our discretion. You may not transfer your rights or obligations to anyone else. 

4. No attempt by you to vary this EUAA will be valid.

5. This EUAA, its subject matter and formation (and any non-contractual disputes or claims), and the use of the website, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes or causes of action arising under these terms and conditions or the use of the dashboard.

If you have any queries in respect of your use of the dashboard or this EUAA please contact us by email or post at:

Email: [email protected] - please specify the dashboard name in the subject line.

Post: NHS Digital, 7 and 8 Wellington Place, Leeds, West Yorkshire, LS1 4AP.